Different lawyers immediately mailed solicitations to the mother and asked how much she would like to get out of this case because her son suffered from a serious brain damage from a car accident. Would parents consider this inquiry as an offensive one because they were asked in a blatantly intrusive manner? Well, many parents would definitely feel offended by this sort of question. Will this kind of method bring disgrace on the legal profession as a whole?

Very much, yes. To respond accordingly to this situation, the Florida Supreme Court which was consistently insisted by the state’s bar association, decided to take a somehow modest and very much welcomed initiative. It announced that 30 days would be the waiting period for personal injury lawyers before they can actually solicit business by mail intended for victims of accidents or their relatives.

Looking for clients by soliciting accident victims to be referred to these personal injury lawyers is the main business of a referral service that is why when this rule came up, this referral service was greatly challenged. The Florida rule was knocked over by the US District Court in Tampa, Florida wherein they stated that the lawyer’s rights to freedom of speech under the First Amendment as applied to the States through the 14th Amendment has been violated. Those lawyers with the grant to advertise their services may only do so based on the understanding of the US Supreme Court examples even though that the US Court of Appeals for the 11th Circuit in Atlanta agreed.

The US Supreme Court has fortunately upheld the Florida rule on a 5 to 4 vote. The implementation of the Florida rule consisted of two convincing justifications according to a female justice writing about the case. To protect personal injury victims against invasive, unsolicited contact by personal injury lawyers or their authorized agents is the first one.

The goal of the second one is to put off the rage with the state licensed legal profession for direct solicitation already has happened only days after accidents occurred. As what the lady justice said, a form of commercial speech is advertising which is subjected to reasonable government regulations. The Florida rule restricts the communication of the needed information about attorneys according to her.

She noted in this regard that lawyers can broadcast and advertise on prime time television, radio as well as in newspapers. Lawyers are able to rent space on billboards if they wish and to any other forms of outdoor advertisements. To some discrete segments of society or to the general population is where these letters may be addressed to.

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